Malden News Network v. Malden, City of - Office of the City Clerk (SPR 20241088)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 26, 2024 SPR24/1088 Carol A. Desiderio Records Access Officer City of Malden 215 Pleasant Street Malden, MA 02148 Dear Ms. Desiderio: I have received the petition of Malden News Network (“requestor”) appealing the response of the City of Malden (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On March 25, 2024, the requestor sought the following records: [A]ny documents or records of the Library Board of Trustees, as received by the Malden City Council, whether these be known as a “Treasurer’s Report” or go by any other name, serving as a “report of their proceedings, and a statement of the condition of the library, its property and functions, the number of books added during the year, with an accurate account of all receipts and expenditures” as is required to be submitted TO THE CITY COUNCIL by the Commonwealth’s Acts & Resolves of 1885, Chapter 146, Section 6. This request seeks responsive records for the time periods FY2013 th[r]ough FY2023. Previous Appeal This request was the subject of a previous appeal. See SPR24/0898 Determination of the Supervisor of Records (April 5, 2024). In my April 5th determination, I ordered the City to clarify whether it possessed additional records responsive to the request. Subsequently, the City responded on April 11, 2024, providing a link to an additional report, and indicating that it does not possess any further additional responsive records. Unsatisfied with the City’s response, the requestor further appealed, and this case was opened as a result. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832 • Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Carol A. Desiderio SPR24/1088 Page 2 April 26, 2024 The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response, a written good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. Current Appeal In his appeal petition, the requestor contends the following: [T]he FY23 Annual Report still does NOT provide records requested, such as the legally required “accurate account of all receipts and expenditures”, or those rendered to the City Council as required by law - see Chapter 89 of 1989: “The trustees shall render to the city council annually, within thirty days of the end of the fiscal year of the city of Malden a report of their proceedings, and a statement of the condition of the library, its property and funds, the number of books added during the year, with an accurate account of all receipts and expenditures, together with any other information or suggestions with they may deem desirable.” The City’s April 11th Response Please be advised that the duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). Further, in accordance with the Public Records Law, custodians are expected to use their superior knowledge of the records in their custody to assist requestors in obtaining the desired information. See 950 C.M.R. 32.04(5). However, under the Public Records Law, a public employee is not required to answer questions, or do research, or create documents in response to questions. See G. L. c. 66, § 10(a); 32 Op. Att’y Gen. 157,

Carol A. Desiderio SPR24/1088 Page 3 April 26, 2024 165 (May 18, 1977). In its April 11, 2024 response, the City states “that all records in the hands of the City were provided to Requestor. Subsequent to that date, the Board of Library Trustees has issued its FY23 Annual Report.” The City also provides a hyperlink to the most recent annual report. Conclusion Where the City confirmed that it does not possess additional records responsive to the request, I will now consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Malden News Network